Andhra Pradesh High Court - Amravati
Moravaneni Chalapathi vs The State Of Ap on 22 July, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
HON'BLE SRI JUSTICE NINALA JAYASURYA
W.P. No.11854 of 2020
O R D E R:-
This writ petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the respondents in trying to dispossess the petitioner from the land in an extent of 0.07 cents in Sy.No.156-3 and 0.10 cents in Sy.No.156-5, total admeasuring 0.17 cents, covered by lemon garden, situated in Inugunta Village, Ozili Mandal, SPSR Nellore District, as arbitrary and illegal, and consequently direct the respondents not to dispossess the petitioner from the aforesaid land without following due procedure under law.
Learned counsel for the petitioner submits that the petitioner is in long possession and enjoyment of the subject land, which was purchased by his father, and he raised lemon garden in the said land. He submits that the subject land is classified as Gramakantam land in the revenue records. He further submits that the respondent authorities are trying to take possession of the subject land for the purpose of construction of Rural Health Centre, though they have no authority or power in respect of lands classified as Gramakantam. Whereas, the learned Assistant Government Pleader for Revenue appearing on behalf of the respondents, has contended that Gram Panchayat is competent to exercise power on all public roads, poramboke, etc. in terms of Section 53 of A.P. Panchayat Raj Act and without impleading the Gram Panchayat, the 2 NJS,J wp_11854_ 2020 writ petition is not maintainable. He has also drawn the attention of this Court to G.O.Ms.No.187, dated 27.05.2015, issued by Revenue (ASSN.I) Department.
As seen from the copy of 1-B Register filed in the material papers, the subject land, viz., 0.07 cents in Sy.No.156-3 and 0.10 cents in Sy.No.156-5 of Inugunta Village, Ozili Mandal, SPSR Nellore District, is classified as Gramanatham (Gramakantam). Therefore, such gramakantam is deemed to have been vested on the Gram Panchayat on its constitution in terms of Section 53 of A.P Panchayat Raj Act and it is for the Gram Panchayat to take any action in respect of the said land.
Be that as it may, it is submitted that the issue is covered by an order of a learned Single Judge in Writ Petition No.1675 of 2020 dated 30.01.2020, and the present writ petition can be disposed of in terms of the said order. In the said writ petition, a learned Judge, while dealing with proceedings under the A.P. Land Encroachment Act, by a detailed order, set aside the proceedings issued under the said Act and left it open to the Gram Panchayat to take appropriate steps. In the present case, the revenue records would reveal that the land in question is classified as Gramakantam and therefore respondent authorities have no authority or jurisdiction in respect of the same.
In the result, the writ petition is allowed declaring the action of the respondent authorities in trying to dispossess the petitioner 3 NJS,J wp_11854_ 2020 from the subject land as without jurisdiction and leaving it open to the Gram Panchayat to take appropriate steps. There shall be no costs.
Registry is directed to attach a copy of the order in W.P.No.1675 of 2020 dated 30.01.2020.
As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
____________________ NINALA JAYASURYA, J 22.07.2020 Akc 4 NJS,J wp_11854_ 2020 HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.11854 of 2020 Date: 22.07.2020 AKC